South Africa Case Law

Minister of Police v Everton and Others (PR88-22)

Minister of Police v Everton and Others (PR88-22) [2024] ZALCPE 49 (3 December 2024)

Court

Labour Court Port Elizabeth

Case number

PR88/22

Judge

T Gandidze

The Court found that the applicant had satisfied the requirements for interim relief. The security bond filed by the State Attorney was sufficient to trigger the automatic stay of the arbitration award under section 145(7) and (8) of the Labour Relations Act. The review application was still pending and had not lapsed or been archived according to the Practice Manual, as all necessary pleadings were filed within the prescribed periods and Solidarity had tacitly consented to extensions. The urgency was justified due to the imminent removal of SAPS vehicles, which would cause irreparable harm t…

Source excerpt

• Stay Of Enforcement
• Arbitration Award
• Security Bond
• Review Application
• Urgent Interim Relief

Nxumalo and Others v Gauteng Department of Sports, Arts, Culture and Recreation and Another (J1584/24)

Nxumalo and Others v Gauteng Department of Sports, Arts, Culture and Recreation and Another (J1584/24) [2024] ZALCJHB 327; (2024) 45 ILJ 2778 (LC) (12 August 2024)

Court

Labour Court Johannesburg

Case number

J1584/24

Judge

M Meyerowitz

The court found that the Department was in criminal contempt of the certified arbitration award as of 6 March 2024, having failed to comply despite knowledge of the award's certification and the legal requirement that a review application does not suspend the award without a security bond. The Department's excuse of a pending review application was not bona fide, as it was aware of the relevant legal provisions and had received legal advice that the award was unassailable. The Department's conduct demonstrated wilful and male fide non-compliance, warranting a punitive monetary sanction. Mr Ma…

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• Contempt Of Court
• Arbitration Award Enforcement
• State Liability Act
• Mandamus
• Balance Of Probabilities
• Security Bond

Booi v Wesley Pretorius & Associates (EL 1212/2020)

Booi v Wesley Pretorius & Associates (EL 1212/2020) [2021] ZAECELLC 19 (29 June 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1212/2020

Judge

L. Rusi

The High Court upheld an exception to a damages claim arising from a Labour Court review and security bond dispute, finding no cause of action was pleaded.

• Exception Procedure
• Cause Of Action
• Security Bond
• Review Application
• Damages Claim
• Costs Award

Booi v Wesley Pretorius & Associates (1212/2020)

Booi v Wesley Pretorius & Associates (1212/2020) [2021] ZAECMHC 21 (29 June 2021)

Court

Eastern Cape High Court, Mthatha

Case number

1212/2020

Judge

L. Rusi

The court held that the plaintiff's amended particulars of claim, taken as they stand, do not disclose a cause of action. Section 145 of the Labour Relations Act does not make the filing of a security bond a prerequisite for the hearing of a review application. The right to review is not conditional on security; rather, security or a stay only suspends the operation of the arbitration award. The plaintiff did not plead that the security bond was defective or not to the satisfaction of the Labour Court, and thus cannot claim that he was prevented from enforcing the award. The delay in payment…

Source excerpt

• Exception Procedure
• Cause Of Action
• Security Bond
• Review Application
• Damages Claim

Boost Property Management v BIFAWU obo Mabotja and Others (J2010/17)

Boost Property Management v BIFAWU obo Mabotja and Others (J2010/17) [2018] ZALCJHB 144 (28 March 2018)

Court

Labour Court Johannesburg

Case number

J2010/17

Judge

Van Niekerk

The Labour Court stayed enforcement of a default arbitration award pending a rescission application, noting that security had been furnished and prejudice was limited.

• Stay Of Execution
• Arbitration Award Enforcement
• Rescission Application
• Security Bond
• Stay-of-execution
• Arbitration-award-enforcement